Terms of use

These Terms of Use are effective on 1 January 2016.

Welcome to Kaizen App! We’ve detailed some basic Terms of Use below – they’re all very self-explanatory but please ensure you read them thoroughly before using the Kaizen App. These terms and conditions are relevant to our app and our website, and the corresponding content, services, applications and functionality.

You will be required to complete a one-time registration upon downloading the Kaizen App in order to be able to use the complete spectrum of Kaizen App’s products and services.. Certain content, including general descriptions of Kaizen App are for viewing without registration.

Although some of our Kaizen Koaches are qualified personal trainers (as verified by a ‘blue tick’ on their profile), some are not – they just want to share their fitness secrets with you in a non-professional capacity. In any instance, please ensure to always consult a doctor before subscribing or interacting with any Training Guide or Workout on the Kaizen App. All of our services (provided by Kaizen App or a Kaizen Koach) are not a substitute or an alternative for information provided by a doctor. If any exercise within the Kaizen App causes you pain or discomfort, please stop immediately and consult a doctor. Kaizen App or the Kaizen Koaches cannot guarantee any weight loss, fitness improvements, health benefit or fitness result to the users of Kaizen App.

With the confirmation of these General Terms and Conditions, you confirm that you are solely responsible for your state of health.

1. Validity of the General Terms and Condition

Kaizen App offers all services and content (both via the website and interactive mobile app on the basis of these General Terms and Conditions. By registering, the user consents to the validity of Kaizen App’s General Terms and Conditions.

Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these General Terms and Conditions.

We’re still new and always seeking to provide the best possible experience for our users. Therefore, there may be times when we offer a new or special feature that has its own terms and conditions that apply in addition to these Terms of Use. In the case of any conflict with the existing terms of use, we’ll make sure to communicate any additional terms and conditions with you. At any time, the most up to date version of the General Terms and Conditions will be available for viewing on the Kaizen App website (www.kaizenapp.co).

2. Subject of the Agreement/Registration/Termination

Kaizen App operates an online platform (“website“ or “web platform”) as well as mobile applications (“Apps“) aiming to offer services and information/content in the field of exercise, fitness, nutrition and health to its users. Subject to the user’s consent, relevant data is transmitted from the App to the Kaizen App Website and shared on other social networks (e.g., Facebook, Instagram, Twitter etc.), respectively.

The Kaizen App and all associated services are only available to users of iPhones, with a later release planned for the App to be available on Android devices. All content is available for free to registered users for a specified period of time (7 consecutive days) after which users will be required to pay a subscription to access paid content.

In order to be able to use the Kaizen App Website or the Kaizen App, a one-time, free registration is required. This registration can be undertaken either on the website or via smartphone. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Kaizen App. Minors may only register with Kaizen App subject to the explicit consent of their parents or legal guardians. A written consent shall be sent by email to info@kaizenapp.co – it is not the responsibility of the Kaizen App to verify the ages of its users.

All registered users are offered a free membership for a period of 7 days, after which all content within the app will be inaccessible until a subscription is purchased. The subscription fees vary between in-app and online purchasing. The applicable subscription fees are as follows:

In-app

12 month subscription at £64.99

6 month subscription at £44.99

1 month subscription at £9.99

The aforementioned fees are binding. Payments for the entire subscription term shall be due immediately upon invoicing. Payment can be made using the available online payment systems. If Kaizen App is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs.

If you have a Paid Subscription, your payment to Kaizen App will automatically renew at the end of the subscription period for the same period length, unless you cancel your Paid Subscription through your account settings before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. From this point, you will be unable to access any content within the Kaizen App..

Kaizen App may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Kaizen App Service after the price change takes effect, you accept the new price.

Kaizen App reserves the right to cancel a membership for any reason that is either in breach of these general terms and conditions or for any other important reason without notice.

3. Privacy Policy

Please see the separate Privacy Policy available on http://www.kaizenapp.com/privacy/

4. Disclaimer of Warranties

The Website is provided “as is”. Kaizen App and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kaizen App nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website or apps at your own discretion and risk. The use of any software or hardware offered by Kaizen App is no substitute for the consultation by the user of a specialised doctor.

5. Limitation of Liability

In no event will Kaizen App, or its suppliers or licensors (including all Kaizen Koaches, whether or not they are registered as a certified/qualified personal trainer), be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (I) any special, incidental or consequential damages; (II) the cost of procurement or substitute products or services; (III) for interruption of use or loss or corruption of data; or (IV) for any amounts that exceed the fees paid by you to Kaizen App under this agreement. Kaizen App shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. In the event of slight negligence, Kaizen App shall not be liable to other businesses and shall be liable to consumers only for personal damages Kaizen App shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.

6. Medical Agreement

The fitness, nutrition, and related information and recommendations provided by Kaizen App and all Kaizen Koaches, whether or not they are certified/qualified personal trainers, are for educational purposes only and are not intended as substitutes for medical advice from your health care provider. Kaizen App is not a medical organisation. We encourage and advise you to seek professional medical advice before beginning any fitness or nutrition effort or program. Do not start a diet or fitness routine with us if your health care provider advises against it. We cannot provide you with medical advice or diagnosis. Nothing that you may read on this site or that is otherwise provided to you by our ourselves, our staff or our Kaizen Koaches should be construed as such advice or diagnosis. Such information is not a substitute for physician consultation, evaluation, or treatment. This website and the associated app is intended for use only by healthy adult individuals.

In becoming a member with the intent of using this Service, you affirm that either;

(A) all of the following statements are true:

(I) no doctor or physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;

(II) you have never felt chest pain, dizziness or loss of consciousness when engaging in physical activity;

(III) you have not experienced chest pain, dizziness or loss of consciousness when not engaged in physical activity at any time within the past month;

(IV) you do not have a bone or joint problem that could be made worse by a change in your physical activity;

(V) your doctor or physician is not currently prescribing drugs for your blood pressure or any heart condition;

(VI) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and

(VIII) you do not know of any other reason you should not exercise not listed within these general terms and conditions;

or (B) your physician has specifically approved of your use of Kaizen App.

Additionally, if you are a woman with the intention of using the Kaizen App or any content provided on the Kaizen web platform, you affirm thateither:

(A) you are not pregnant, breastfeeding, lactating or suffering from any other post natal injury or the like; or

(B) your doctor or physician has specifically approved your use of Kaizen App.

Kaizen App reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions. It is not the responsibility of the Kaizen App or the Kaizen Koaches to assess the physical or mental state of any member of the Kaizen community – such termination will only be initiated if a report is made that brings any concerns to our attention. This can be done by e-mailing info@kaizenapp.co.

You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the service will reflect the most recent findings or developments with respect to the particular content. You are encouraged to consult with your health care provider or physician in regard to any questions or concerns you may have regarding any health condition – advise should not be taken from Kaizen App or any of the Kaizen Koaches – using any such advise is at your own risk.

7. Copyright and Rights of Use

The content provided by Kaizen App is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.

8. Changes

Kaizen App reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes. Kaizen App may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Indemnification

You agree to indemnify and hold harmless Kaizen App, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the website, including but not limited to your violation of this Agreement.

10. Applicable Law

These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the website(s) and apps or with any purchases on the websites and apps shall be governed by UK law subject only to the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

Place of delivery and exclusive court of jurisdiction shall be London, United Kingdom.